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Can I get a registered gift deed cancelled? What is the time limit for cancellation of a gift deed?


25-Jul-2024 (In Property Law)
My grandfather owned agricultural land, which he gifted to my mom and my uncle (my dad's brother) through a registered gift deed. Now, after 3 years, my grandfather wants the land back because he feels my uncle is controlling him and trying to take the land from my mom. Is the gift deed cancelable since it’s registered at the register office? What is the time limit for cancellation of a gift deed, and what are the grounds for cancellation of a registered gift deed? Can a gift deed be cancelled after 10 years?
Answers (5)

Answer #1
292 votes

A registered gift deed is generally final and irrevocable once executed and accepted by the donee. However, under specific legal grounds, it can be cancelled, usually requiring a court order.
Yes, a gift deed is generally considered irrevocable once it has been properly executed and registered, but that doesn't mean it's set in stone forever. There are specific legal exceptions under which a gift deed can be challenged or cancelled�though it's definitely not as easy as just changing your mind.

Under Indian law, particularly referencing Article 59 of the Limitation Act, 1963, a gift deed can be cancelled within three years from the date the donor becomes aware of the grounds for cancellation. These grounds include serious issues like:

  • Fraud (the donor was tricked into signing)

  • Misrepresentation (important facts were hidden or twisted)

  • Undue influence or coercion (the donor was pressured into gifting)

Additionally, if the gift deed itself includes a revocation clause�for example, saying the gift will be void if the donee fails to take care of the donor then it can be revoked legally if that condition is breached.

However, a gift deed cannot be unilaterally cancelled by the donor unless these specific legal conditions are met. If the donee disagrees and no fraud or legal fault exists, the matter would need to be resolved in court.

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Advocate Chikirsha Mohanty

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Answer #2
551 votes
There are two modes of cancellation of a gift deed under Section 126 of the Transfer of Property Act of 1882: Revocation by mutual agreement of the donor and donee: The donor and donee may agree that the gift shall be suspended or revoked upon the happening of an event not dependent upon the donor. The condition for revoking the gift must be expressly stated in the gift deed or in a separate mutual agreement forming part of the transaction. This type of revocation is governed by the agreed-upon conditions. Revocation by rescission as in the case of contracts: If the consent of the donor was not free and was obtained through coercion, undue influence, fraud, or misrepresentation, the gift can be revoked on the same grounds on which a contract can be rescinded. The period of limitation for revoking gifts on these grounds is three years from the date on which the donor becomes aware of fraud, coercion, misrepresentation, or undue influence. It's important to note that the specific time limit for cancellation of gift deed on the grounds of fraud, coercion, misrepresentation, or undue influence is three years from the date of knowledge by the donor.
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Answer #3
923 votes
Sir/Madam, Normally a gift registered is become absolute, provided any condition mentioning like that of revocable clause in the said gift deed your grandfather can cancel the deed. Otherwise the said gift deed will be absolute and it cannot be cancelled or registered in some other's name.
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Advocate B. Thirunavukkarasu

Adv. B. Thirunavukkarasu

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Answer #4
884 votes
Hello, A gift deed cannot be revoked by your grandfather as it is registered with the register office. It can be revoked only through filing of a case in the court. You can defend the court case also.
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Answer #5
704 votes
A gift deed once registered cannot be cancelled without the donee's signature. In your case, the gift can't be cancelled without your mother's signature or consent. Nothing can be done without your mother's consent
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Comments by Users

Prabhakar rao k
Sir, my mother excuted gift deed to my younger brother & his son & brother in law on xerox papers in a sro off. Is it vallied?

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